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OUR OPINION:CHURCH RIGHTS

Obama administration infringes on church rights

Posted: March 9, 2012 - 8:45pm

President Barrack Obama’s administration has ruled that employers provide health insurance that includes contraceptive coverage. The Catholic church employs scores of people in hospitals, clinics, colleges and universities.

This arrogant power surge by this administration has met with strong opposition from Catholic church officials and non-Catholics alike — as well it should.

Once again, the U.S. Constitution will be tested. Once again a contingency that has attempted to keep church groups from having any part of governance in this country is now seeking to impose its will on the rights guaranteed to church organizations by the first amendment.

In the United States, the term is an offshoot of the phrase, “wall of separation between church and state,” was written in Thomas Jefferson’s letter to the Danbury Baptist Association in 1802. The phrase — wall of separation between church and state — was first used by the United States Supreme Court in 1878. The phrase “separation of church and state” itself does not appear in the United States Constitution.

The First Amendment states: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.”

“Catholic parishioners around the country were read letters ... written by church leadership railing against an Obama administration ruling that requires employers to provide health insurance plans that include contraceptive coverage,” according to ABC News.

“Churches and other houses of worship are exempt from the guidelines but Catholic hospitals, colleges, and social services fall under the umbrella of institutions covered by the decision.

“But Catholicism considers some forms of contraception termination of life and religious leaders say adherence would fly in the face of the tenets of their faith. Critics also charge it would be a violation of the Constitutional right to freedom of religion.”

We agree.

If this segment of this administration’s health care plan infringes on what the Constitution’s first amendment guarantees, the Supreme Court must act with immediacy to strike down such a flagrant imposition of government on the church.

“We cannot — we will not — comply with this unjust law,” a bishop of the Diocese of Phoenix told ABC News. “People of faith cannot be made second class citizens.”

Pope Benedict XVI told the American Roman Catholic Church they needed to understand “grave threats” posed by what he called radical secularism in politics and culture. We agree with the pontiff’s assessment.

—Keith Hansen

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Fair n Balanced
40535
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Fair n Balanced 03/10/12 - 12:17 am
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Thank You Sir

This is what I meant, eyolf n lake, n johnbrown.

sever42
2
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sever42 03/10/12 - 12:34 pm
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Simple and clear

No government can force a religion or a doctor to compromise their principles. Poly Sci 101.

Vincent
14
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Vincent 03/10/12 - 04:04 am
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Flat-out lying to obtain the Church's endorsement of Obama-Care

The Country has worse problems than a poor economy, high fuel prices, high unemployment, nukes in Iran etc, etc...
If we allow this President to circumvent the First Amendment.
Regardless of the religious faith the Government imposes mandates on that the religious faith believes is morally repugnant.

Check out the homily in St. John Indiana.

http://www.youtube.com/watch?v=ltTd81XpDnc&feature=youtu.be

Jeff Czeczok

debcelley
19
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debcelley 03/10/12 - 09:38 am
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5

Just plain wrong

Freedom of conscience is an American value, which belongs to the citizens, not to the corporations. Each individual citizen is free to exercise freedom of conscience regarding reproductive health care. No corporation or institution has the right to revoke that freedom of conscience.
It is in the interest of the general welfare that all citizens have access to health care. Women and men who work for church-related institutions-- as custodians, cleaners, social workers, whatever their status-- deserve equal access to quality health care. That is fair and just.
Any organization that fails to provide equal access to health care is, in fact, attempting to revoke the individual employee's freedom of conscience. The department of Health and Human Services is, in this case, the protector of freedom of conscience for the individual. Dear editor, you are just plain wrong.

shadrack
6957
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shadrack 03/10/12 - 10:13 am
5
4

You're missing an important distinction

You're missing an important distinction, Keith. The health insurance plan doesn't force any woman to take birth control pills, whether they are Catholic or not. The health insurance plan merely requires that the birth control pills be available to all women. That sounds fair to me.

georgegalt
284
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georgegalt 03/10/12 - 11:21 am
4
7

So by this standard

If a hospital or university is owned by a muslim church, the writers have no problem with that hospital or university requiring that all women employees, whether they happen to be muslim or not, should have to wear burkas and veils whenever they're in public, and all employees should be subject to sharia law. Right?

Think about it.

Labor laws and medical insurance standards for businesses which operate in the secular world, and employ people of differing faiths and beliefs, is no violation of anyone's Constitutional rights. Those benefits belong to the employees, not the church, and allowing the church to dictate how their employees spend their paycheck or use their benefits is tantamount to enslaving their workforce.

WoodyBass
0
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WoodyBass 03/11/12 - 10:25 am
5
4

Church and State Hypocrits

I really love how religious institutions pick and choose when they agree with a separation of church and state... when its convenient for them.

Where was this outrage when zealots were pushing for prayer in tax payer funded schools? What about when they pushed for "intelligent design" to be taught as a... SCIENTIFIC THEORY in tax payer funded schools?

Where was this support for church state separation when they added "under god" to the Pledge of Allegiance back in the 1950s?

When two individuals wanted the same right to marry their partner the same way their counterparts do... but the religious outrage pushed and pandered and threw their bibles and everything else they had to pass laws in many states to deny that right to certain individuals because... of their religious beliefs. Where was the support for church state separation then?

Don't [filtered word] about separation of church and state.. and then use it when it is convenient for your argument. Either you are for it... or you are not.

lildrummer
151
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lildrummer 03/10/12 - 12:42 pm
3
4

Herein

lies the problem:
"President Barrack Obama’s administration has ruled..."

No, he does NOT rule. Not over free people.
Only over "subjects."
Catholics, Jews, Christians, atheists, do not wish to be subjects, and we shall not BE subjects.
Obama has forgotten -if he ever knew- who we are and what we will not be.

lildrummer
151
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lildrummer 03/10/12 - 12:45 pm
4
4

good editorial, Keith

finally something from this slanted stain that makes a bit o' sense.
I am dubious, however, that when Keith says, "we agree with the Pontiff's assessment" that he really speaks for Mikey and gang.

mission
306
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mission 03/10/12 - 12:55 pm
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4

'shadrack' correctly wrote

'shadrack' correctly wrote that: "The health insurance plan doesn't force any woman to take birth control pills, whether they are Catholic or not. The health insurance plan merely requires that the birth control pills be available to all women. That sounds fair to me."

Not only that, but no church (Catholic or otherwise) is required to pay a cent for any form of birth control.

And any church (of any denomination) is free to preach that its members shouldn't use any form of birth control not approved by the church. And good luck with that :-)

JohnBrown
55
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JohnBrown 03/10/12 - 02:16 pm
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This isn't about feelings

This issue is pretty black and white.

The Catholic Church considers the morning after pill to be an abortion. The Catholic church considers abortion to be murder. The United States Government is telling Catholic Institutions that they are required to provide money for what they have determined is a murder.

You can dislike the Catholic church's position. The Vatican has had out of date or odd rules since before the advent of modern science. You can dislike their rules all you want.

The document under which the Federal Government is allowed to operate expressly prohibits the government from making laws respecting an establishment of religion.

It's not about fairness, feelings or sexual harassment. It's about the law.

georgegalt
284
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georgegalt 03/10/12 - 02:55 pm
5
4

Wrong again JB

Labor laws and basic medical insurance requirements have existed for quite some time and have always applied to businesses which operate in the secular world. In part these have been at the very core of creating the standard of living we enjoy in these great United States.

If the Catholic Church doesn't want their subjects to use birth control, they can always make that a requirement of being a Catholic church member. No one is denying them that right.

If they want to deny employees of hospitals and universities access to, or insurance coverage including birth control when those employees might not be members of that church (or agree with the doctrine), that's an infringement upon the rights of FREE Americans.

Again, all you have to do is replace the word "Catholic" with "Muslim" and see if you still support the premise that any church should have the right to impose their beliefs upon FREE Americans who are not of that particular faith.

georgegalt
284
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georgegalt 03/10/12 - 03:21 pm
4
2

Let's not forget

One cannot be forcibly made into a Christian by denying them other options, it is only with free will and personal choice that one can accept Jesus in their heart (and have it mean anything).

JohnBrown
55
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JohnBrown 03/10/12 - 04:21 pm
4
1

@georgegalt

If the Catholic church was making, as a term of employment, it's employees disavow all birth control I would see where you are coming form. It's not. The institutions are not covering birth control for preventing pregnancies. It's not as if they are mandating that none of their employees use birth control.

I would accept the idea of a Muslim hospital not covering birth control in the health insurance plan they offer to employees.

My opposition to this mandate is purely based on laws. The mandate is also economically dubious, but that is totally beside the point that the regulation is not legal.

This mandate wasn't the result of a 10 minute brain storming session. It was carefully crafted. HHS officials knew they couldn't mandate churches directly, so they were dropped. They knew religious institutions would fight for their religious beliefs, so they mandated that employers wouldn't pay for it but insurance companies would have to eat the cost (economically asinine). What they appear to not have fully prepared for is the fact that many large religious institutions are self-insurers. That means there is no secular 3rd party company to magically cover the costs. The religious institutions would paying directly for abortions.

Further complicating the legal issue is the non-compliance fine. In the administration's courtroom arguments they have been claiming the noncompliance penalty associated with the individual mandate is legal under Article 1 Section 8 of the United States Constitution. Religious institutions are exempt from the Legislature's power of taxation.

My opinion is purely based on the law. I'm sorry you disagree with me and I see how you believe the coverage, in and of itself, would be a good thing. I agree, free birth control for everyone would be a good thing.

georgegalt
284
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georgegalt 03/10/12 - 05:44 pm
2
1

I appreciate your civility JB

And the points you bring up do seem to make the issue slightly more complicated, I can understand your view. But I don't agree that the government can't set basic standards for health insurance providers when operating outside the realm of the church's primary function (place of worship).

Hospitals and universities, regardless of ownership, are and have always been subject to other federal labor laws. You seemingly agree that they should abide by some:

"If the Catholic church was making, as a term of employment, it's employees disavow all birth control I would see where you are coming from"

What defines the distinction between which laws they should have to abide by, and which they should be exempt from?

The question that arises is whether the moral costs for remaining self-insured in modern times outweigh the convenience of paying for secular-based health insurance when providing that coverage to their hospital and university employees operating in the secular world.

JohnBrown
55
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JohnBrown 03/10/12 - 07:26 pm
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2

Federal Labor Laws

This is the first federal labor law that requires funding for abortions. It just isn't, IMO, comparable to overtime laws.

The federal government mandating religious institutions provide murder is downright wrong. Once again, you can disagree with the Vatican's definition of murder, but the federal government can't regulate it out of existence.

As to which federal regulations religious institutions should be exempt from; I haven't really thought much about it. A safe starting point would probably be murder. They shouldn't be forced by the federal government to murder.

I just choose the side of freedom. Freedom is a better choice than coercion the vast majority of the time.

Your last paragraph brings up a good point. You seem to be comfortable with the federal government mandating that religious institutions decide between their morals or money. I am not comfortable with that.

To me this issue is a bigger deal than FISA, NDAA, or PATRIOT. While those legislative acts contained provisions that are detrimental to my freedom, they were at least acts of Congress.

These regulations coming from the executive branch aren't laws, they aren't enacted by our legislators, they are simple regulations that can be amended with the stroke of a pen. Imagine when a man like Rick Santorum is appointed head of HHS. What side are you going to be on when he mandates that birth control in any form is abortion and can not be covered by any government approved insurance plan?

I'll be over here, on the side of freedom, shaking my head at the audacity of the federal government.

georgegalt
284
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georgegalt 03/11/12 - 12:17 am
5
3

Agree to disagree I guess..

I certainly shudder along with JB at the thought of Santorum being appointed head of HHS, and would have to agree that "The federal government mandating religious institutions provide murder is downright wrong".

I do, however, reject the premise in that statement as it relates to this issue, or that our American government must accept the Vatican's definition of anything when it comes to public policy in matters relating to operations outside the boundaries of their church.

(After all, if President Kennedy wouldn't take his marching orders from the Pope, why should a muslim president?) - KIDDING!!!

Back to seriousness: I would just as strongly object to anyone advocating our American government have it's labor or medical insurance policy decisions dictated by Muslim mullahs, or Christian Scientists, or Rastifarians. One sect, hallowed as it may or may not be, should not dictate the rules which apply to all in the secular world, particularly for non-believers or non-members of that church.

I am a fan of Freedom, and believe in women's rights, and in both those interests I believe women employed by a university or hospital who may have a faith different than their employer have every right to have their basic medical costs covered by their medical insurance.

Certainly the overwhelming majority of actual claims submitted will be for normal, widely-accepted versions of birth control, not for abortion or anything the general public would ever consider "murder". The increased availability of birth control prescription coverage will do more to prevent abortions than any amount of wishful thinking, and that end result should be welcome news to anyone.

In response to "You seem to be comfortable with the federal government mandating that religious institutions decide between their morals or money", I draw a clear distinction which seemingly you've overlooked. In matters relating directly to the church, I strongly defend their right to near autonomy, and so did President Obama by making churches exempt from the very beginning.

Where I believe they become subject to the laws and regulations of the secular government is in enterprises which are clearly outside the boundaries of providing a place of worship for their followers.

If a church decided to open up a casino, or run a liquor store and keep it open 24 hours a day, (particularly if it's a church we're not a member of), I'm guessing most of us would probably agree there needs to be some boundaries and regulations controlling such "religious institutions". What is the difference when those entities are hospitals, universities or self-insured health insurance providers for non-believers?

The underdog in this fight who needs their rights upheld is not the Catholic church, it is the American working woman.

Chivalry may not be the popular thing any more, but personally I'm a big fan of women. Whether it's my mother, my sisters, my wife or my daughter, I would gladly give my own life to protect and defend any of theirs.

With just as much zest I will voice my support for what I know in my heart is in their best interest, regardless of which political party benefits from that position at the time, or which church might take offense from it.

dutchman7
7760
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dutchman7 03/11/12 - 03:23 am
1
1

If the Church of Rush is deemed entertainment again, we're ok.

Once the Church of Rush Limbaugh becomes believable, we're all in trouble.
He's entertainment, the firm (Clear Channel, a Bain Capital supported operation - Hmm, Mitt Romney yet again) who sponsors him believe's it's entertainment like SNL, we're all good.

suicideispainless
1282
Points
suicideispainless 03/11/12 - 07:51 am
2
2

Churches and Religions are people too

The Constitution was written with the intent to limit government and keep the "Rights" for individuals not entities.
The only way to give anything any "Rights" is to make them people. Like corporations, or churches.
Fetuses maybe, being a question of when life begins, which is a debateable subject, but that for right now, the law due to Roe v Wade, keeps abortion legal.
Our founders debated religion for years in putting it into the Constitution. I find it interesting that the very First Amendment, the first sentence, is about making sure the federal government does not favor any one religion over any other. Most came to this country to get away from that very thing. They must of found it pretty important to make it the 1st item.
The one thing they agreed on is that the law should be what mattered and not men. They wanted to make sure that even though the people in power can change, they could not change certain things due to their individual beliefs. If one uses this power to install their beliefs then what happens when someone of different beliefs gets that power? ie, sharia law. Religious beliefs are as individual as DNA and no one religion should dictate what rules this country.
If all other religions are required by law to do this, so should the Catholics. They are not being asked to sin and take birth control and the morning after pill.
Do Catholics stand by Thou Shall Not Kill when their country asked them too in the military? Is it Gods war or mans? How about when they make the Drs. and nurses work on the sabbath?
Doesn't it say in the Bible, render unto God that which is Gods, and unto Caeser that which is Caesers? Aren't employees an earthly thing?

dutchman7
7760
Points
dutchman7 03/11/12 - 08:33 am
4
1

Founding Fathers

A great dialogue is emerging within the United States.
A re-affirmation of it's principals and goals.
I believe, a gut check is coming again now.
I'm a Christian, however ramming another Christian's beliefs down another American Citizens throats is never my goal, nor will be.

The United States of America is a democracy of freedom.

We don't discriminate. An example is the vote this fall of association (marriage amendment).

Voting in discrimination into a constitutional document is very unwise.

I know I've been harsh in my postings to Paul Gazelka.

Paul and I were born in the same month (October) and the same year (1959) and are children of the 70s.

However, I was raised with tolerance and acceptance of others.

Dutchman7 is a respect of my Dutch Culture. My European ancestors believe in tolerance and acceptance of others. You can disagree on their beliefs and desires in life.

However, those are valid and why this country exists and is a model for other nations to aspire to.

Mount Rushmore is nothing more than some jackhammered faces on some stones in South Dakota.

However, it does mean something to many of us.

When you visit Mount Rushmore, it will become a beacon of inspiration and the endurance of the United States.

Thank you for reading.
- Mike

JohnBrown
55
Points
JohnBrown 03/11/12 - 03:23 pm
2
0

Agree to Disagree Indeed

I'm glad you are commenting on the Dispatch. It's nice to see people articulate why they believe what they believe. You sir, do a fine job of that.

georgegalt
284
Points
georgegalt 03/11/12 - 06:40 pm
1
2

Thank you JB

One other point that could also have some relevance here as to just how HHS and the federal government have at least some grounds for requiring generalized demands upon these "self-funded" Catholic-based entities comes from a news release dated January 2012 from NETWORK, a national Catholic lobby group:

"the Obama administration has actually increased funding for Catholic nonprofit organizations and programs. In fact, more than $1.5 billion went to Catholic organizations over the past two years.

Funding increases for Catholic organizations in recent years include the following:

•An increase from $12.45 million (2008) to $57.89 million (2011) in USDA food assistance to Catholic Relief Services (CRS)
•An increase from just over $440 million (2008) to more than $554 million (2010) to Catholic Charities USA
•Increases in Dept. of Labor grants to Catholic organizations such as Catholic Charities of Kansas for ex-offender reintegration and other programs from $300,000 (2009) to more than $5 million (2011)
•An increase of HHS funding for Catholic Medical Mission Board global health activities from $500,000 (2008) to $7 million (2011)."

http://www.networklobby.org/news-media/federal-funding-catholic-organiza...

If the Catholic church has been receiving taxpayer funding for much of it's operations within the country since the 1950's, and assumingly will continue to do so well into the future, perhaps they can divert that taxpayer funding to cover the costs of everything they are opposed to here, and won't actually have to spend one dime of their own money to cover it.

OkeyDokey
2703
Points
OkeyDokey 03/12/12 - 12:02 pm
3
3

The only way that a religious

The only way that a religious institution/employer can be forced to pay for birth control or abortion services is if there is actually a PATIENT who gets their insurance through this employer who requests/needs/uses this service.

Having birth control covered in a plan booklet does NOT automatically mean that the employer will pay for it. The employer will only pay if the employee uses birth control.

And, if in the case of a Catholic church employer who has a Catholic female employee; if she is following the teachings of the church, then she will NOT be using birth control. If she is using birth control, then she is not following the teaching of the church. So the cards are still in the hands of the church. Teach your members well that birth control is not condoned, and they won't have to worry about paying for it even if it IS in the plan booklet. But, as I suspect, a great many women have decided that being a baby machine is not a great idea in these times. So maybe the church needs to re-evaluate it's platform. Back in the day, large families were necessary because of short life expectancy and high infant and child mortality rates. With modernization, medical advances and an overpopulation on Earth, large families are not necessary to ensure continuation of the species any more. Maybe the church needs to modernize it's thinking as well.

As for Catholic doctors/hospitals, if they don't provide the service, then, their responsibility will be to refer the patient to a doctor/hospital that will. They will miss out on profit and possibly lose a few patients, but again, the choice is up to them. They still have a choice. This law is allowing all patients to have a choice as well.

Do not think of this as "forcing" the church to provide this or that. Think of it as providing equal opportunity for all.

I_disagree_with_dems
4792
Points
I_disagree_with_dems 03/12/12 - 12:58 pm
4
2

here is how to look at it

This administration clearly wants separation of church and state. However, the road goes both ways, and there is not any question that the government forcing someone to purchase insurance for something that goes against their beliefs is unconstitutional because now the STATE IS FORCING ITSELF ON THE CHURCH under this unconstitutional law.

GeorgeGalt said some gibberish about a Muslim church forcing their female employees to wear full garb...they could do that if they wanted, and that would not be unconstitutional, they would just have a hard time finding female employees. It is called a dress code, and many businesses have them. Nice try but poor example.

Your example would be unconstitutional if: 1)The government forced women to work at said hosipital and 2) If the government would write into law that the garb is law abiding.

OkeyDokey
2703
Points
OkeyDokey 03/12/12 - 02:34 pm
4
2

But they aren't forcing them

But they aren't forcing them to "purchase insurance for something that goes against their beliefs". They are purchasing insurance for whatever ailments they may be afflicted with or accidents that may happen. Isn't that why we all purchase insurance? If no one ever got sick or injured, none of us would ever need insurance. They aren't purchasing "birth control insurance", they are purchasing insurance that covers many things.

I may not be in favor of Rx drugs for depression, or kids with ADHD. I may not be in favor of reconstructive surgery. I may never need a root canal, or hip replacement, but guess what? All of those things are covered by the insurance policy provided by my employer. Does that mean I MUST give my kid a prescription if he has ADHD? Does it mean I MUST take a prescription if I become depressed? Does it mean I must have my hips and knees replaced? No. It means that IF the occasion arrises, and IF I choose to, those things are available to me and covered by my insurance. Does it mean that my employer must pay for the covered items I never use? Not at all. The premiums that are paid by my employer and myself are paying for an insurance plan. And we have insurance just in case we should ever need it.

What if your employer is a Scientologist, and because of that, they don't want to provide any insurance at all? Or if they are only into herbal medicine, so they only provide insurance for homeopathic remedies? And by whatever stroke of fate that is the only job you can get at the moment. Better than no job at all, right? Should you be denied affordable health care because your employer doesn't think you should have it?

georgegalt
284
Points
georgegalt 03/12/12 - 07:55 pm
2
1

Thanks OkeyDokey

I think you explained my "gibberish" very well, no need for me to try to break it down any further to someone who's so obviously as well-read and open minded as "I disagree with dems".

mission
306
Points
mission 03/13/12 - 01:18 pm
3
3

Congratulations -- the usual suspects have all missed the point.

It turns out that adding insurance for birth control costs the churches nothing--because the insurance carriers add nothing to the premiums when birth control is added to the policies.

You can look it up.

JohnBrown
55
Points
JohnBrown 03/13/12 - 01:48 pm
4
1

@Mission

Outside of the ridiculousness of thinking insurance companies will gladly eat the cost I have already stated that many Catholic Institutions are self-insured.

You can look it up, but I won't hold my breath.

muehlbau
19632
Points
muehlbau 03/13/12 - 03:42 pm
3
1

Pregnancy is not a disease...

...therefore, birth control is not "health care". Furthermore, John Brown is correct. Insurance companies will simply spread out the cost of "free" birth control to all employers and pretend like they are providing it for free. It is a ridiculous sleight-of-hand, and Catholics aren't falling for it.

minnesnowda
17094
Points
minnesnowda 03/13/12 - 05:17 pm
2
2

family planning is responsible

I am waiting for all the pro-life people to get it that most women take birth control for many reasons, family planning might lead the reasons but there are other reasons it is prescribed.

Sex education + cheap easy access to birth control will help prevent abortions.

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